11/12/1998 AgreementBRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
"in L. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
MZE o EAE2UX
TO: Division of Management Services
c/o County Administrator
Attn: Deanna Lloyd,
Grants Administrator
FROM: Isabel C. DeSantis, Deputy Clerk 0. C.
DATE: December 18, 1998
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
As you know, at the November 12, 1998 meeting, the Board
granted approval and authorized execution of a Project Grant
Agreement between Monroe County and the Florida Department of
Environmental Protection for the completion of a Master Plan for
the Overseas Heritage Trail, DEP Contract M9044.
Attached hereto are two (2) duplicate originals executed by
Monroe County for your follow-through with DEP. Please be sure
that one fully executed copy is returned to this office as
quickly as possible.
Should you have any questions, please feel free to contact
this office.
cc: County Attorney
Finance
,,4ile
M9044
(DEP Contract Number)
•FLQRIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
*PXVhSION OF RECREATION AND PARKS
Project Grant Agreement
This Agreement is made and entered into this day
of , 19 , by and between the State of Florida,
Department of Environmental Protection, hereinafter called the
DEPARTMENT, and the Monroe County, hereinafter called the
GRANTEE, in furtherance of an approved PROJECT involving the
parties hereto in pursuance of which the parties hereto agree as
follows:
1. The 1998 Florida Legislature appropriated
$60,000.00 from the Land Acquisition Trust Fund to the Department
for use by the GRANTEE for the Overseas Highway Heritage Trail,
hereinafter called the PROJECT.
2. The GRANTEE shall construct, or cause to be
constructed, certain facilities and improvements which shall
include the following PROJECT elements which may be modified by
the DEPARTMENT upon written request by the GRANTEE for good
cause: Greenway plan and other related support facilites.
Page 1 of 9
3. The DEPARTMENT shall pay, on a reimbursement basis,
to the GRANTEE, funds not to exceed $60,000.00, which represents
the DEPARTMENT'S share of the cost of the PROJECT.
The shares agreed upon are as follows:
DEPARTMENT Amount $60,000.00 50 %
GRANTEE Match $60,000.00 50 %
Type of Match: Cash, In -Kind
Each reimbursement request shall include a status report and all
documentation required by the DEPARTMENT for a proper pre -audit
and post -audit review. The Contract Manager shall, within sixty
(60) days after receipt of a payment request, review the work
accomplished to date on the grant and, if it is in accordance
with this Agreement, approve the request for payment. The
DEPARTMENT shall retain 10% of the entire grant amount until
completion of the PROJECT and all PROJECT completion
documentation, described in Paragraph 8, is submitted to the
DEPARTMENT by the GRANTEE.
4. The DEPARTMENT shall have the right to cancel this
Agreement for failure by the GRANTEE to perform pursuant to the
terms and conditions of this Agreement and to demand return of
all PROJECT funds paid by the DEPARTMENT pursuant to Paragraph
15.
S. The DEPARTMENT and GRANTEE agree to comply with the
Grant and Accountability Procedures, hereinafter called the
PROCEDURE, incorporated into this Agreement by reference and
Page 2 of 9
attached hereto as Exhibit "A". The PROCEDURE establishes uniform
guidelines and procedures to be utilized by the DEPARTMENT and
the GRANTEE in accounting for grant funds disbursed for the
PROJECT and sets forth principles for determining eligible costs,
supporting documentation and minimum reporting requirements.
Expenses representing the PROJECT costs shall be reported to the
DEPARTMENT and summarized on certification forms specified in the
PROCEDURE. All expenditures under this Agreement by the GRANTEE
must be directly related to the purpose of the grant. The GRANTEE
shall retain all records supporting PROJECT costs for three (3)
years after the fiscal year in which the final PROJECT payment
was released by the DEPARTMENT or until final resolution of
matters resulting from any litigation, claim, or audit that
started prior to the expiration of the three-year retention
period. The DEPARTMENT, Auditor General, State Comptroller and
other relevant parties shall have the right to inspect and audit
the GRANTEE'S records for said PROJECT.
6. The GRANTEE fully understands and agrees that there
shall be reimbursement of funds by the DEPARTMENT for any
obligation or expenditure for the PROJECT incurred and performed
for one calendar year prior to the start of the agreement period.
7. This Agreement shall become effective upon
execution by all parties. The GRANTEE shall complete
construction of all PROJECT elements identified in Paragraph 2 on
or before . The completion date shall be
Page 3 of 9
extended by the DEPARTMENT upon the written request of the
GRANTEE.
8. All PROJECT close-out documentation shall be
submitted to the DEPARTMENT by the GRANTEE prior to release of
the retainage identified in Paragraph 3. Upon PROJECT
completion, the GRANTEE, shall submit to the DEPARTMENT the
following documentation within 45 days: (1) a list identifying
the PROJECT elements constructed and associated costs, (2) an as -
built site plan, (3) a PROJECT completion certification, and (4)
financial data supporting the expenditure of grant funds, on
forms supplied by the Department as specified in the PROCEDURE.
9. Ryan Ruskay, Grant Program Manager, or successor,
is hereby designated the DEPARTMENT'S Contract Manager for the
purpose of this Agreement; shall be responsible for ensuring
performance of its terms and conditions; and shall approve all
reimbursement requests prior to payment. The GRANTEE'S Liaison
Agent, as identified in the PROJECT application, or successor,
shall be responsible for ensuring performance of the terms and
conditions of the Agreement, and shall act as liaison to the
DEPARTMENT in all matters relative to this AGREEMENT. The
GRANTEE'S Liaison Agent shall submit to the DEPARTMENT signed
PROJECT status reports every ninety (90) days summarizing the
work accomplished, problems encountered, percentage of
completion, and other information the Liaison deems pertinent to
the progress and status of the PROJECT. The Liaison shall submit
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photographs of the constructions work accomplished when requested
by the DEPARTMENT.
10. All monies expended by the GRANTEE for the purpose
contained herein shall be subject to preaudit review and approval
by the Comptroller of Florida in accordance with Section 17.03,
Florida Statutes.
11. Each party hereto agrees that it shall be solely
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responsible �i`the wrongful acts of its employees, contractors,
and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
limitations set forth in Section 768.28, Florida Statutes.
12. The DEPARTMENT has the right to inspect said
PROJECT and any and all records related thereto at any reasonable
time.
13. This Agreement shall be canceled by the DEPARTMENT
in the event the GRANTEE refuses to allow public access to all
documents, papers, letters, or other materials made or received
in conjunction with this Agreement pursuant to the provisions of
Chapter 119, Florida Statutes.
14. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
GRANTEE with this Agreement, the GRANTEE shall have thirty (30)
days to submit additional pertinent documentation to offset the
amount identified as being due to the DEPARTMENT. The
DEPARTMENT, following a review of the documentation submitted by
Page 5 of 9
the GRANTEE, will inform the GRANTEE of the amout of any
reimbursement due to the DEPARTMENT within thirty (30) days.
15. The DEPARTMENT shall require a refund, either in
whole or in part, of the funds provided by it to the GRANTEE for
non-compliance with the terms of the Agreement, including any
reimbursement due to the DEPARTMENT described in Paragraph 14.
The GRANTEE, upon receiving such notification from the
DEPARTMENT, shall forthwith pay the amount of money directly to
the DEPARTMENT within thirty (30) days. Such refund shall
include simple interest calculated at two (2) percent over the
prevailing prime rate as reported by the Federal Reserve.
Interest shall be calculated from the date(s) of payment(s) to
the GRANTEE by the DEPARTMENT.
16. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
17. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes,
and any rules promulgated thereunder.
18. Allowable indirect costs shall not exceed 150 of
the GRANTEE'S eligible wages and salaries.
19. Prior to final reimbursement, the GRANTEE shall
erect a permanent information sign on the PROJECT site which
credits the Florida Department of Environmental Protection and
the Florida Legislature as funding sources for the PROJECT.
Page 6 of 9
20. No person on the grounds of race, creed, color,
national origin, age, sex, marital status, or ability, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
21. This Agreement strictly prohibits the expenditure
of funds from this grant for the purpose of lobbying the Florida
Legislature, the judicial branch, or a state agency.
22. Any entity which is awarded funds from a grants and
aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida Statutes;
(b) If the amounts received exceed $25,000, but do not
exceed $100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to Section
11.45, Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that the
receiving entity or organization has complied with the provisions
of the grant; or
(c) If the amounts received do not exceed $25,000, have the
head of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with the
provisions of the grant.
Page 7 of 9
23. A copy of the audit required in Paragraph 22 shall
be submitted to the DEPARTMENT within one (1) year from the
PROJECT completion date as set forth in the PROJECT completion
certificate.
24. This Agreement is not intended nor shall it be
construed as granting any rights, privileges, or interest in any
third party without mutual written agreement of the parties
hereto.
25. It is understood by the parties that the amount of
this grant may be reduced should the Governor's Budget Office
declare a revenue shortfall and assess a mandatory reserve.
Should such shortfall be declared, this grant may be reduced by
the percentage of the appropriation the Department is assessed
for the mandatory reserve.
26. This Agreement represents the entire agreement of
the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing, duly signed by each of
the parties hereto, and attached to the original of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above
written.
STATE OF FLORIDA'
DEPARTMENT OF ENVIROMENTAL
PROTECTION
Director or Designee
Division of Recreation and Parks
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 5
Tal Flor' 3 2 3 9 9 - 3 0 0 0
BOARD OF COMMISSIONERS
MONROE COUNTY
By
Title.
Address:
5100 College Road
Key West, F1 33040
(SIAL
ATTES : DANNY L. KOLHAGE, CLERK
DEPUTY CLE C
P Cont ac M ger
APPROVED AS TO FORM
'4D L SUFFICIENCY
SU NE A. H TT N
Grange Attorney
Approved as to Form and Legality:
This form has been pre -approved as
to form and legality by Suzanne Brantley,
Senior Assistant General Counsel, on August 31,1998
for use for one year.
*If someone other than the Chairman signs the contract, a
resolution, statement or other document authorizing that person
to sign the contract on behalf of the county must accompany the
contract.
DEP 42-058
Revised 08-18-98
Page 9 of 9
GRANT
ACCOUNTABILITY PROCEDURES
EXHIBIT A
Applicability
The "Grant Accountability Procedures" establishes guidelines
agreed upon by the parties for utilization in accounting for
grant funds disbursed through grant programs administered by.the
Bureau of Design and Recreation Services, Division of Recreation
and Parks, Department of Environmental Protection (hereinafter
"Bureau") for the mutual benefit of the parties. These
procedures set forth principles for determining eligible costs,
supporting documentation, and minimum reporting requirements to
assist both parties in receiving appropriate and timely payment
by the Office of the Comptroller.
Disbursement of Funds
Funds shall be disbursed by the Bureau in accordance with
good cash management principles. Grant funds shall be disbursed
as set forth within the agreement and provided for bylaw. The
Bureau shall retain up to 10% of its obligation in order to'
insure compliance with agreement terms and conditions. Retained
funds shall be released upon satisfactory completion of said
terms and conditions. Disbursement terms shall be negotiated by
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the parties prior to execution of the agreement and shall be
clearly identified in the agreement between the Department and
grantee.
Reimbursable Costs
To be eligible for payment under a project grant agreement,
costs must be necessary and reasonable for accomplishment of the
project and be directly allocable thereto pursuant to State or
Federal laws, rules, or regulations. Cost must be incurred and
work performed within the agreement period with the exception of
preagreement costs allowed by law or rule and specifically
identified within the agreement. Costs cannot be allocable to or
included as a cost of any other State or Federally -financed
program unless clearly specified in the agreement. Costs must be
net of all applicable credits such as purchase discounts,
allowances, sales of scrap, and income from incidental services.
The following paragraphs identify eligible and ineligible costs
under actual cost contracts subject to any limitations of State
or Federal law.
Contractual Services
Services provided for a grantee by private or independent
contractors shall be evidenced by a formal agreement or contract
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executed by all appropriate parties specifying the exact terms
and conditions. Competitive bid specifications and actual bids
received shall be maintained by the grantee. The Contractual
Services Purchases Form FPS-A026, attached hereto and
incorporated herein as Attachment 1, shall accompany payment
requests for contractual services. The contractor's name, check
or voucher number, contract invoice number, a general description
of the services provided, and related project element shall be
reported.
Eligible Contract costs are costs of work performed by
private or independent contractors that -are directly related to
the accomplishment of the project.
Ineligible Contract costs are costs for work performed
by private or independent contractors or consultants pursuant to
cost plus or contingency fee contracts.
Salaries and Wages
Payrai l registers or journals, payroll warrants, and other
financial source documents shall be maintained to substantiate
the rates of pay and actual payments to grantee employees. Hours
of work reported for grantee employees shall be supported by
individual time records, project activity reports, or other
operational cost records signed by the immediate field supervisor
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(foreman) or higher official. These record shall reflect the
general categories of work performed. The Labor and Travel Cost
Form FPS-A027, attached hereto and incorporated herein as
Attachment 2, shall accompany payment requests for reimbursement
of salaries and wages of grantee employees. The following
information shall be reported:
a. Last name of employee, initial, and social
security number;
b. Job classification and description of work
performed;
C. Project hours this billing;
d. Rate of pay;
e. Labor cost this billing; and
f. Travel per diem costs, if applicable. .
Eligible salaries and wages of employees are those paid
by grantee for the performance of work directly related to the
accomplishment of the project. Hourly wage rates shall be
calculated by dividing the employee's regular gross annual salary
for pay purposes by 2,080 gross annual work hours. Overtime
charges for such employees shall be eligible costs provided they
are necessary. Overtime charges shall be computed in accordance
with the grantee's normal procedures for payment of overtime to
employees.
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Ineligible salaries and wages are those of employees
responsible for administration and general activities who do not
perform work directly related to accomplishment of the project;
salaries and wages of employees paid for vacation, sick leave, or
holidays, except as otherwise allowed herein; and salaries and
wages of employees performing routine daily servicing of
equipment, including general maintenance and repair work. -
Employee Benefits
Calculations and supporting documentation used to determine
the actual cost percentages incurred by -the grantee for employee
benefits shall be maintained by the grantee. Employee benefits
shall be reported as a line item on payment requests.
Eligible employee benefits are the percentage of
eligible salaries and wages of grantee employees allowed as a
reasonable reimbursement for benefits. The allowable percentage
shall be calculated based on one of the following methods:
I. "A maximum of 15% of eligible salaries and wages of
employees who accrue annual, sick, and holiday leave
from the grantee; plus a maximum of 25% of'eligible
salaries and wages of employees who receive other
benefits (such as FICA retirement, health and life
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insurance, and workers compensation) from the grantee;
or
II. The actual cost percentage incurred by the, grantee for
employee benefits, if greater than the maximum of 40%
as in (I) above, provided that the actual cost
percentage can be documented by the grantee.
Ineligible employee benefits are those in excess of the
rates as established by either of the above methods.
Materials and Supplies
Direct Purchases: Vendor invoices shall be maintained
that include a description of the items and quantity purchased,
unit cost and total cost, less applicable discounts. Invoices
shall also contain the delivery date, signature of an employee
assigned to work on the project, and description of the general
use for such materials or supplies. Purchase orders,
requisitidns, and competitive bid documentation, as applicable,
shall be maintained by the grantee for such purchases. Canceled
warrants shall be maintained as evidence of payment for such
purchases. The Direct Material Purchases Form FPS-A028, attached
hereto and incorporated herein as Attachment 3, shall accompany
payment requests for direct material purchases. The vendor's
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name, check or voucher number, vendor invoice number, cost, a
general description of items purchased, and related project
elements shall be reported.
Eligible costs of materials and supplies are those
consumed or expended in accomplishing the project, including
direct purchases from vendors and withdrawals from grantee's
stock, and clothing of employees worn for safety purposes.
Ineligible costs are those for small tools (e.g...
shovels, saws, hammers, drills); clothing or uniforms worn by
employees, except clothing worn for safety purposes; and
operating, expendable, or replacement parts purchased for
grantee -owned equipment used on the project.
Equipment
Equipment usage logs, project activity reports, or
other operational cost reports shall be maintained to reflect the
daily use of each piece of equipment. These records shall
reflect the general work performed, the name of the equipment
operator, and the actual dates and hours of use. These records
shall be signed by the immediate field supervisor (foreman) or
higher official. Invoices and other documentation, such as
canceled checks and purchase orders, shall be maintained to
support charges for rental costs of equipment obtained from
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independent sources._ The Equipment. Cost Form FPS-A030, attached
hereto and incorporated herein as Attachment 4, shall accompany
payment request for equipment rental costs or for utilization of
grantee -owned equipment. The report (form) shall include the
type of equipment and general use, rates or rental costs, actual
operating hours, and operating allowances.
Eligible costs are all reasonable costs for rental or
use of equipment which is required to be used or kept available
at the site for accomplishment of the project, except as
otherwise specified herein.
follows:
Such costs shall computed as
I. The actual cost incurred for the rental of equipment by
the grantee from independent sources for the time such
equipment is used or required to be available to
accomplish the project.
II. Rental rates for the use of grantee -owned equipment,
provided the use of each piece of equipment is
necessary for accomplishment of the project.
Ineligible costs are costs of repairs or servicing of
grantee -owned equipment; rental charges incurred subsequent to
the need for a piece of equipment for the project; and purchase
of equipment for accomplishment of the project.
M.
Grantee Stock
Materials or supplies taken from grantee's stock or
inventory shall be supported by material requisitions or other
project cost records signed by the storekeeper and an employee
assigned to work on the project. These source documents shall
describe items in detail and identify the general use of such
materials in the project. Appropriate records (e.g., vendor.`
invoices, canceled checks) shall be maintained to support unit
costs of the materials based upon the grantee's inventory
evaluation. An inventory system with procedures and records in
accordance with generally accepted accounting principles should
be maintained by the grantee. No warehouse or overhead charges
added by the grantee shall be allowed. The Stock Material Cost
Form FPS-A029, attached hereto and incorporated herein as
Attachment 5, shall accompany payment requests for materials
utilized from the grantee's stock or inventories. The material
requisition date and number, general description of materials
used, and applicable costs shall be reported on the form.
Indirect Costs
Indirect costs shall be calculated at the approved rate and
shall be reported as a line item on payment requests. No
specific supporting documentation need be supplied for an
approved cost rate unless otherwise specified in the agreement.
Eligible costs are the percentage of costs,incurred by
the grantee which shall not exceed fifteen percent (15%) of
eligible salaries and wages of grantee employees (not to include
employee benefits), is eligible as indirect costs. The Bureau is
authorized to approve a greater rate when an agency documents the
need for such rate using generally accepted accounting standards,
or when a greater rate is required for the administration of
federal funds, except that no rate shall exceed that established
by law.
Ineligible costs are Indirect costs in excess of the
rate established by statute or these procedures.
Record Retention and Audits
The agreement executed between the Department and grantee
establishes the eligible costs, supporting documentation, and
billing requirements for the project. In addition to the billing
requirements contained in the agreement, grantees, upon request
of the Auditor General, Inspector General, or Comptroller of the
State of Florida, pursuant to their statutory authority, or the
Department, shall supply documentation (such as payrolls, paid
invoices, canceled checks, indirect cost calculations) to support
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their billings. Costs connected with the solicitation or receipt
of a grant or contract shall be the responsibility of the grantee
and are not eligible for payment, except for allowed planning
expenses set forth in the Agreement or in the law governing the
programs administered by the Bureau.
The grantee shall retain all original records in support of
project costs included in the payment requests for three fiscal
years after the fiscal year in which final grant payment was made
to the grantee, except that such records shall be retained until
resolution of matters resulting from any litigation, claim, or
audit that started prior to the expiration of the three-year
retention period.
All records of the grantee in support of project costs
included in payment requests shall be subject to review by the
Bureau, the Auditor General, Inspector General, State
Comptroller, federal auditors, or others who may be authorized by
law to audit the records of the Bureau which involve the grantee.
Records of the grantee shall be made available at a reasonable
time and place at no cost to the auditor unless otherwise
required by law.
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